The New York Times reported on Tuesday: "For the United States Court of Appeals for the Second Circuit, based in New York, [Obama administration] officials said the White House had settled on elevating Judge Gerard E. Lynch, a Columbia law professor, from the District Court." Judge Lynch currently serves as U.S. District Judge for the S.D.N.Y. and continues to teach criminal law and related courses at Columbia Law School. If appointed to the Second Circuit, he would join Columbia Law crim. prof. Debra Livingston, appointed by the second President Bush [Mike Mannheimer].

On Monday, the U.S. Supreme Court decided Vermont v. Brillon. At issue was whether delays in bringing a defendant to trial that are attributable to his court-appointed lawyers should be counted against the prosecution for purposes of the Speedy Trial Clause of the Sixth Amendment, as incorporated against the States by the Fourteenth Amendment. By a vote of 7-2, the Court held that such delays generally cannot be charged to the prosecution. [Mike Mannheimer]